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All Journal TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review Balobe Law Journal SASI
Arman Anwar
Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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Pengaturan Prinsip Pembedaan dan Penerapannya dalam Konflik Armenia-Azerbaijan Khafifa Kara Abnin; Arman Anwar; Veriana Josepha Rehatta
TATOHI: Jurnal Ilmu Hukum Vol 1, No 3 (2021): Volume 1 Nomor 3, Mei 2021
Publisher : Faculty of Law Pattimura University

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Introduction: This research discusses about application of distinction principle which has not been fully implemented in the Armenian-Azerbaijan armed conflict, which resulted in heavy casualties from the civilian population and caused damage to civilian objects as a result of the attacks launched on civilian areas in Nagorno-Karabakh by the armed forces of both countries.Purposes of the Research: Know and study the regulation of distinction principle in Humanitarian Law and analyze the application of sanctions against Armenia-Azerbaijan for non-compliance with the distinction principle in the armed conflict of the two countries.Methods of the Research: This study uses a normative juridical method with legal materials used in the study are primary, secondary and tertiary with the use of literature study techniques.Results of the Research: The results showed that the armed conflict between Armenia and Azerbaijan in fighting over the Nagorno-Karabakh region was not carried out by applying the distinction principle effectively. Therefore, if the two countries do not try the perpetrators of war crimes in their national courts, the International Court of justice (ICC) has the competence to try them and provide sanctions in the form of compensation payments to victims in accordance with article 75 of the 1998 Rome Statute as well as imprisonment and fines as well as confiscation of proceeds of crime under Article 77 of the Rome Statute 1998.
Tanggungjawab Negara Bendera Kapal Terhadap Perbudakan ABK Indonesia Ahriani Ahriani; Josina Augustina Yvonne Wattimena; Arman Anwar
TATOHI: Jurnal Ilmu Hukum Vol 1, No 2 (2021): Volume 1 Nomor 2, April 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Until now, there are still many cases of crew members who receive inhuman treatment and even include slavery, apart from receiving inhuman treatment, the crew members also do not get a salary in accordance with the work agreement. Slavery is a gross human rights violation because it undermines human dignity. Based on the facts of migrant workers, especially Indonesian crew members, it shows that the treatment received by Indonesian crew members is not in accordance with the provisions of international conventions and Indonesian national regulations.Purposes of the Research: This paper aims to find out how international law regulates the prohibition of slavery on ships and the responsibility of the flag state of ships in cases of Indonesian crew slavery.Methods of the Research: The method used in this research is the type of normative juridical research method, the type of descriptive analytical research, the source of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. Legal Material Analysis and Legal Material Analysis Methods.Results of the Research: The results obtained are that basically international law has regulated and provided legal protection for ABK. International legal arrangements regarding the prohibition of slavery on board are contained in the international legal instruments CAT (Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment), CERD (International Convention on the Elimination of All Forms of Racial Discrimination), UDHR (Universal Declaration of Human Rights), and ILO (International Labor Organization). The responsibility of the flag state of the ship in the case of Indonesian crew slavery. that any problem arising from a ship with the flag of its State, the country concerned is obliged to effectively exercise its jurisdiction and control, investigate and carry out inspection of the vessel concerned In the case of slavery for Indonesian crew members, which involves the State of Indonesia and China, the two countries must cooperate in examining the case, in this case the slavery case that occurred against Indonesian crew members.
Pengaturan Hukum Internasional Untuk Tenaga Kerja Anak Ilegal Norma Rizqitha Latukaisupy; Arman Anwar; Dyah Ridhul Airin Daties
TATOHI: Jurnal Ilmu Hukum Vol 1, No 1 (2021): Volume 1 Nomor 1, Maret 2021
Publisher : Faculty of Law Pattimura University

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Introductioan: The purpose of this study is to explain the problem of child labor in general that requires deeper attention, with the consideration that employing a child who is still below the minimum human limit for work can be interpreted as a form of human rights violation.Purposes of the Research: Know and analyze the regulations regarding international law for illegal child labor.Methods of the Research: This study uses a normative juridical method with legal materials used in the study are primary, secondary and tertiary with the use of literature study techniques in the form of international legal regulations, scientific papers and literature.Results of the Research: The results showed that child labor was found in exploited conditions, worked more than the time stated in the regulations and received wages far below the UMK. Child laborers also have not received protection in terms of legal aspects that has been ratificated by the national law. The existing legal protection system for child labor has not been implemented in real terms and the Convention on the Rights of the Child and the ILO Conventions as some of the protection systems for child labor cannot be fully implemented because there are still violations of the right for children.
Pengaturan Mengenai Pengakuan Terhadap Organisasi Pemberontak Sebagai Subjek Hukum Ditinjau Dari Hukum Internasional Rendyano Rizalno Hiariej; Arman Anwar; Welly Angela Riry
TATOHI: Jurnal Ilmu Hukum Vol 2, No 5 (2022): Volume 2 Nomor 5, Juli 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i5.1109

Abstract

Introduction: Indonesia from time immemorial until after independence faced various kinds of problems, both international and non-international. Although this problem can be solved in different ways, there are also parties who can solve it in an unsympathetic way. This can encourage the emergence of conflicts arising from the current struggle, in particular armed conflicts.Purposes of the Research: This paper aims to examine and discuss how the regulation of rebel organizations as a legal subject is reviewed from international law.Methods of the Research: The method used is a normative juridical research method using a case approach, a statutory approach and a conceptual approach.Results of the Research: The results obtained from the study show that the instruments of international law governing rebels as subjects of international law are the Hague Convention IV of 1907, as well as The Supplementary Protocol II of the Geneva Conventions of 1949. The Rebels, Insurgents and Belligerents remain obliged to comply with the provisions of international law. The Free Papua Organization (OPM) does not yet have a juridical personality as a subject of international law because it does not meet the criteria for rebels as stipulated in the 1907 Hague Convention IV and the Geneva Conventions. 1949. While the status of the opening of the OPM Representative Office in the United Kingdom does not affect the British attitude in respecting the sovereignty and territorial integrity of Indonesia including the recognition of Papua as part of the Republic of Indonesia.  The resolution of the Papuan conflict should take a way of peaceful and integrated negotiations with the interests of the welfare of the people in Papua as a whole.
Pengaturan Tentang Visa Kunjungan dan Dampaknya Bagi Pekerja Yang Unprosedural Firma Riza Aksamilani Soumena; Arman Anwar; Veriena Josepha Batseba Rehatta
TATOHI: Jurnal Ilmu Hukum Vol 2, No 4 (2022): Volume 2 Nomor 4, Juni 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i4.1095

Abstract

Introduction: A visit visa is a visa granted to a foreigner who will travel to a part of the country for a visit for the purpose of government duties, education,socio-culture, tourism, pre-investment, business, family, journalism, or to stop for a moment to continue traveling to another country. However, the fact is that visiting visas are often misused by people in other countries, one of  which is unprosedural workers. Purposes of the Research:  To find out the arrangements regarding visit visas in immigration law and to find out the use of a visit visa and its impact on unprocedural workers.Methods of the Research: This study uses a normative juridical research method with legal materials used, namely primary legal materials and tertiary legal materials. The collection technique was carried out through a literature study and then analyzed using qualitative methods.Results of the Research: The results of the study show that a visit visa as a condition for traveling to a country cannot be used for other purposes. With the existence of immigration law actions both in administrative and criminal forms issued by each country, it is an appropriate legal action in giving sanctions to perpetrators of abuse of visit visas, especially for unprocedural workers.
Perlindungan Hukum Terhadap Warga Negara Keturunan Asia Dari Tindakan Diskriminasi Rasial Di Masa Pandemi Covid 19 Fikryansha Tuah; Arman Anwar; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol 2, No 6 (2022): Volume 2 Nomor 6, Agustus 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i6.1120

Abstract

Introduction: The 2019 coronavirus (COVID-19) pandemic has exposed social and political rifts in society, the emergence of racial and discriminatory responses to fear, which disproportionately affects marginalized groups especially those of Asian descent in America and Europe.Purposes of the Research: To study and find out the protection of international law for citizens of Asian descent during the covid 19 pandemic based on the international convetion on the elimination of all form of racial discrimination 1965, and to examine and know the state’s responsibility for acts of racial discrimination for citizens of Asian descent america during the covid 19 pandemic.Methods of the Research: The research method uses normative juridical law research, with primary and secondary legal materials as sources of law. The problem approach used is a conceptual approach. The case approach, and the statute approach. Furthermore, it was analyzed qualitatively.Results of the Research: The results show that the Covid 19 pandemic has increased hate crimes against Asians. The spike in hatred increased because Asians were blamed for the occurrence of Covid 19, which was first identified in Wuhan, China 2019. Protection against acts of racial and ethnic discrimination regulated in the International Convention of the Elimination of All Forms of Racial Discrimination (ICERD) is the elimination of discrimination that must be done immediately and in all its forms and manifestations, including the prevention and eradication of racist doctrines and practices, to promote mutual understanding between races and to build an international community free from all forms of racial exclusion and racial discrimination. States parties undertake to provide, through competent national courts and other national institutions, effective protection and remedies for everyone within their jurisdiction from racial discrimination in violation of the present Covenant, and to fulfill or satisfy the Right to compensation for all form of loss suffered as a result of such discriminatory treatment. States parties are obliged to take all appropriate steps to develop policies as soon as possible to eliminate all forms of racial discrimination and promote understanding between races.
Pemindahan Penduduk Secara Paksa Dalam Konflik Bersenjata Di Filipina Dan Akibat Hukumnya Menurut Hukum Humaniter Internasional Dio Boy Tetelepta; Arman Anwar; Richard Marsilio Waas
TATOHI: Jurnal Ilmu Hukum Vol 2, No 10 (2022): Volume 2 Nomor 10, Desember 2022
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i10.1438

Abstract

Introduction: Population transfer or displacement is the movement of a large group of people from one area to another, In armed conflict it is often a form of forced migration carried out by state policy or international authorities and most often on ethnic or religious grounds.Purposes of the Research: The purpose of this study is to determine and analyze the regulations prohibiting the forcible transfer of civilians in International Humanitarian Law. To know and analyze the legal impact of forcible transfer of civilians in International Humanitarian Law. Methods of the Research: The research method used in this research is normative juridical. This type of research is descriptive analytical. The sources and legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The technique of collecting legal materials through literature studies which are then processed and analyzed qualitatively.Results of the Research: The results show that the transfer of civilians in armed conflict to be used as hostages or for the purpose of winning the war at the expense of the civilian population as a living shield is a form of forced migration that is prohibited either by expulsion or other coercive actions from the area where they live without being given a reason permitted by international law. The word coercion here is not limited to physical coercion, but can include threats of violence or psychological pressure (8 paragraph (2) letters (a) and (b) of the Rome Statute and Geneva Convention IV on the Protection of Civilian Persons in Time of War). Forced population transfer or migration carried out by the Moro National Liberation Front (MNLF) to make civilians as hostages and shields in the non-international armed conflict in the Philippines.
Konsep Perlindungan Hukum Bagi Pengungsi Anak Dari Ukraina Dalam Perspektif Hukum Pengungsi Internasional Rachma Rizky Melania Latuconsina; Arman Anwar; Dyah Ridhul Airin Daties
Balobe Law Journal Volume 3 Issue 1, April 2023
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v3i1.1512

Abstract

Introduction: The war in Ukraine caused Ukrainian refugees, including children, to be forced to leave their homes to seek protection in areas that were still safe within the country of Ukraine as Internally Displaced Persons or IDPs.Purposes of the Research:  This study aims to find out how the concept of legal protection for children who become refugees as a result of armed conflict and how the implementation of legal protection for children who become internally displaced persons in Ukraine.Results of the Research: The concept of humanitarian intervention to protect child refugees is the responsibility of the state as the national authority of Ukraine. but the conditions of war make a country unable to carry out its responsibilities as well as possible to protect internally displaced children as victims of war in their country. Although without intending to ignore the rights of child refugees, a country in a war situation will certainly place more strategic interests on military defense as its top priority, rather than other affairs and interests. the lack of proper livelihood and education for child refugees in Ukraine is one of the proofs showing that the Ukrainian state has not been successful as the main responsibility for protecting child refugees in the country. Therefore, the main responsibility cannot only be placed solely on the national authorities of the Ukrainian state, but must be the responsibility of all nations in the name of humanity, as is the case with international refugees who receive international protection. Children are a vulnerable group, very different from adult refugees. They need special attention so that they require more or different protection and handling measures because of their age. The best principle for the child (best interest of the child) must be the basis of his protection.
Urgensi Indonesia Untuk Meratifikasi Konvensi Tentang Perlindungan Terhadap Penghilangan Orang Secara Paksa Nurul Fitrah; Arman Anwar; Irma Halima Hanafi
TATOHI: Jurnal Ilmu Hukum Vol 3, No 2 (2023): Volume 3 Nomor 2, April 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i2.1557

Abstract

Introduction: The Special Committee of the House of Representatives on the Handling of Discussions on the Results of the Investigation into the Enforced Disappearance of Persons for the Period 1997-1998, has issued four points of recommendation to the President. One of the four points is to urge the government to immediately ratify the convention on protection against forced disappearances of persons.Purposes of the Research: The purpose of this research was to determine the regulation of international law against forced disappearances of persons, and to know the urgency of Indonesia to ratify the convention on the protection against forced disappearances of persons. Methods of the Research: The research methods used are normative juridical research methods, analytical descriptive research types, sources of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. Technical collection of legal materials through library research and processing techniques for legal materials using qualitative analysis.Results of the Research: The result of the study is that international convention for the protection of all persons from enforced disappearance is an international instrument that regulates the obligations and responsibilities of states in providing protection to all persons from enforced disappearances. Indonesia has not yet ratified the convention of the protection of all persons from enforced disappearances.  This Convention is very urgent to be ratified by Indonesia because it is one of the foundations of international human rights law that can provide protection, as well as a preventive and corrective effort of the state in ensuring the protection of all people from enforced disappearances. In addition, it is also to encourage cases of enforced disappearances in Indonesia in the past to be resolved and not repeated in the future.
Tinjauan Hukum Terhadap Masuknya Kapal Nelayan Asing di ZEE Indonesia Berdasarkan UU No. 5 Tahun 1983 Tentang ZEE Avan Caezhar Prayugo; Marthinus Kainama; Arman Anwar
TATOHI: Jurnal Ilmu Hukum Vol 3, No 3 (2023): Volume 3 Nomor 3, Mei 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i3.1586

Abstract

Introduction: The EEZ has the greatest natural wealth potential for Indonesia, so the Indonesian government issues various types of legal products to secure and protect and enforce the law in Indonesian waters, especially in the EEZ area.Purposes of the Research: To analyse the regulation of the entry of foreign fishing vessels in the Indonesian EEZ which is contrary to Law Number 5 of 1983 concerning the EEZ, and to analyze the Security and Supervision of Foreign Fishing Vessels in the Indonesian EEZ based on Law Number 5 of 1983. Methods of the Research: The research method used is normative juridical. by using (state approach) and (statute approach). And sources of primary, secondary and tertiary legal materials as well as literature studies, then analyzed qualitatively.Results of the Research: The results show that the entry of foreign-flagged fishing vessels in the Indonesian EEZ is not prohibited because it is not an Indonesian sovereign territory so that foreign vessels have the right to freedom of navigation in the EEZ, but when in their voyage they carry out prohibited activities such as exploration and exploitation of natural resources. biological and non-biological resources found on the seabed and the soil below it as well as the water column and water space above it (without a permit) is an act of violating the law in Indonesia's EEZ (Article 13 of Law Number 5 of 1983). Securing and supervising foreign fishing vessels in the Indonesian EEZ must be carried out in a synergistic and coordinated manner between the TNI-AL, BAKAMLA and POLRI as well as other authorities in accordance with their respective roles and duties.
Co-Authors Ahriani Ahriani Andrizal Andrizal Avan Caezhar Prayugo Azarya Gerry Likumahua Dio Boy Tetelepta Dyah Ridhul Airin Daties Fahira Ode Damura Figur Muhammad Ali Putra Nirwan Fikryansha Tuah Firma Riza Aksamilani Soumena Halima Hanafi, Irma Helmi Ishak Johannes Johanis Steny Franco Peilouw John Dirk Pasalbessy Josiana Agusthina Yvonne Wattimena Josina Augusthina Yvonne Wattimena Josina Augustina Yvonne Wattimena Kesya Meidy Lourens Khafifa Kara Abnin Lucia Charlota Octovina Tahamata Marlin Paulina Laiyan Marten Karelauw Marthinus Kainama Muhamad Ali Aqsa Haupea Natasya Carolina Hitipeuw Norma Rizqitha Latukaisupy Nurul Fitrah Rachma Rizky Melania Latuconsina Rachma Rizky Melania Latuconsina Rendyano Rizalno Hiariej Richard Marsilio Waas Rusvinna Rizky Hariyanti Veriana Josepha Batseba Rehatta Veriana Josepha Rehatta Veriena Josepha Batseba Rehatta Wahyuni Boeng Welly Angela Riry Yansen Paulus Rinaldy Andries Zian Rahmatullah